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Home My WebLink About01-5337ROGER WEIDNER AND, MELISSA WEIDNER, husband and wife, d/b/a PRUITT TRUCKING, Plaintiffs, V. 1-81 CARLISLE FUEL STOP, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MECHANIC'S LIEN ROGER AND MEL1SSA WEIDNER D/B/A PRUITT TRUCKING'S MECHANIC'S LIEN CLAIM AGAINST 1-81 CARLISLE FUEL STOP, INC. 1. The claimant is Roger Weidner and Melissa Weidner, d/b/a Pruitt Trucking ("Pruitt") xvith an address of 230 Conrad Lane, Gardners, PA, 17324. Pursuant to 49 P.S. §1201(4), Pruitt files its mechanic's lien claim as a contractor in this case. 3. The owner of the property subject to this mechanic's lien claim is I-81 Carlisle Fuel Stop, Inc., ("Carlisle Fuel"). 4. I-81 Carlisle Fuel Stop, Inc., is a Pennsylvania corporation with its principal place of business located at 1550 Harrisburg Pike, Carlisle, PA, 17013. 5. Carlisle Fuel entered into an agreement xvith Pruitt wherein Carlisle Fuel agreed to pay for excavating services provided by Pruitt. Pruitt provided invoices for services rendered to Carlisle Fuel which invoices were signed as accepted by Carlisle Fuel. 6. The property subject to this lien ("building site") is described as follows: ALL THAT CERTAIN parcel of real estate in the Township of Middlesex, County of Cumberland and State of Pennsylvania, to-wit: BEGINNING at an iron pin on the southern right of way line of the Carlisle Pike (U.S. Route #11) (L.R. #34), said point being located and referenced 70 feet in a southerly direction at right angles to Pennsylvania Department of Transportation center line Highway Station 234+45.54; thence South 4 degrees 54 minutes 27 seconds West, a distance of 422.40 feet to an iron pin; thence North 85 degrees 05 minutes 33 seconds West, a distance of 118.79 feet to an iron pin in line of lands now or late ofC. F. Bucher; thence North 9 degrees 55 minutes West, a distance of 437.10 feet to a point on the southern right of way line of the Carlisle Pike (U.S. Route #11) (L.R. #34); thence along the southerly right of way line of the Carlisle Pike (U.S. Route #11) (L.R. #34), by a curve to the left having a radius of 11,529.19 feet, an arc distance of 60.03 feet to a point; thence continuing along the southerly right of way line o£the Carlisle Pike (U.S. Route #11) (L.R. #34), South 85 degrees 05 minutes 33 seconds East, a distance of 170.54 feet to the place of BEGINNING. BEING the same, more or less, but subject to all legal highways. BEING the same premises which Dennis D. Willey, by Deed dated 1/8/99 and recorded in Cumberland County Deed Book 192, page 620, granted and conveyed unto 1-81 Carlisle Fuel Stop, Inc. 7. Pruitt provided services to Carlisle Fuel on the following dates: May 25, 2001; May 31, 2001; June 7, 2001; June 8, 2001; June 9, 2001; and, June 10, 2001. The value of these services provided is $9,003.03. 8. To date, Carlisle Fuel has failed and refused to pay Pruitt for the services provided. 9. Representatives of Carlisle Fuel directed Pruitt to perform excavating services for Carlisle Fuel. 10. The invoices provided to Carlisle Fuel provide for finance charges of 1.5% per month after 30 days. Date: Respectfully submitted, O'BRIEN, BARIC & SCI4~R David A. Baric, Esquire tD # 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiffs 2 VERIFICATION I verify that the statements made in the foregoing Roger and Melissa Weidner d/b/a Pruitt Trucking's Mechanics Lien Claim Against 1-81 Carlisle Fuel Stop, Inc. are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~ Roger We~dner Melissa ~idner Date:7 - ~'-~t/ dave/litigation/pruitt.tvacking/mechanics.com SHERIFF'S RETURN - REGULAR CASE NO: 2001-05337 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEIDNER ROGER ET AL VS 1-81 CARLISLE FUEL STOP INC JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within MECHANICS LIEN CLAIM was served upon 1-81 CARLISLE FUEL STOP INCthe OWNER , at 1550:00 HOURS, on the 14th day of September, 2001 at 1550 HARRISBURG PIKE CARLISLE, PA 17013 ARSH GREWAL MANAGER by handing to a true and attested copy of MECHANICS LIEN CLAIM together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ./9~-- day of P~rothonotary So Answers: R. Thomas Kline 09/17/2001 OBRIEN BARIC & SCHERER By: / D~uty Sh~eriff ROGER WEIDNER and MELISSA WEIDNER, husband and wife, d/b/a PRUITT TRUCKING, Plaintiffs V 1-81 CARLISLE FUEL STOP, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 5337 : : MECHANICS LIEN PRELIMINARY OBJECTIONS Defendant, 1-81 Carlisle Fuel Stop, Inc., by its attorneys, Broujos & Gilroy, P.C., sets forth the following preliminary objections: 1 Pursuant to 49 P.S. §1505, Defendant 1-81 Carlisle Fuel Stop, Inc. files herein preliminary objections to the entry of a mechanics lien in the above captioned matter. 2 Plaintiffs have failed to conform with the Mechanics Lien Law of 1963, 49 P.S. §ll01, et seq. for the following reasons: A. The type of work performed by Plaintiffs was not incidental to the "erection, construction, alteration or repair" as those terms are defined at 49 P.S. §1201 and, therefore, Plaintiffs cannot impose a mechanics lien against the mentioned real estate for the work Plaintiffs performed. B. Plaintiffs did not have any contractual arrangement with the Defendant. Plaintiffs were a sub-contractor with respect to ali work done at Defendant's property. In their status as a sub-contractor and assuming for purposes of this sub-paragraph that the work Plaintiffs performed is appropriately the subject of the entry of a mechanics lien, Plaintiffs are in violation of 49 P.S. §1501(A) and 49 P.S. §1501(B) based upon Plaintiffs' failure to provide preliminary notice on or before the date of completion of their work or the thirty day notice prior to filing this lien. Plaintiff never provided invoices for services rendered to Defendant. Plaintiff did provide what appeared to be acknowledgments of the time Plaintiff started work at Defendant's property and the time Plaintiff ended work at the Defendant's property and a representative of Defendant did merely sign those documents to acknowledge Plaintiff was at the property for the stated time. Said documents did not contain any stated price or any terms of a contractual relationship. WHEREFORE, Defendant requests your Honorable Court to dismiss the mechanics lien entered in the above referenced matter and to mark said lien as strlckened. Respectfully submitted, BAH~oob~ ~ ~YX~~,nEpd.S~ire 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 ROGER WEIDNER AND, MELISSA WEIDNER, husband and wife, d/b/a PRUITT TRUCKING, Plaintiffs 1-81 CARLISLE FUEL STOP, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-5337 : : MECHANIC'S LIEN : PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the j udgmem entered in the above-captioned action on September 12, 2001, as having been satisfied.. Respectfully submitted, David A. Baric, Esquire Date: August /69 ,2002 ROGER WEIDNER AND, MELISSA WEIDNER, husband and wife, d/b/a PRUITT TRUCKING, Plaimiffs 1-81 CARLISLE FUEL STOP, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5337 : : MECHANIC'S LIEN CERTIFICATE OF SERVICE I hereby certify that on August /6 .., 2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the PRAECIPE TO SATISFY by first class U.S. mail, postage prepaid, to the party listed below, as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy Four North Hanover Street Carlisle, Pennsylvania 17013 David A. Baric, Esquire DAB/Litigation/Pmitt. Tmcking/Satis faction .pra